39752: He thought that making up a missed fast was like a voluntary fast and that it was permissible to break it

I came to my wife (and had intercourse with her) during the day when she was fasting to make up a day that she had missed in Ramadaan, because I thought that the ruling on a fast observed to make up a missed fast was like the ruling on a voluntary fast. Then I heard something to the contrary. What is the ruling on this issue? Do I have to do anything?.

Published Date: 2010-11-28

Praise be to Allaah.

Making up missed Ramadaan fasts is obligatory, and it is not
permissible for a person to break such a fast unless there is a legitimate
shar’i reason. If a person starts to make up a missed fast, then he must
complete it. He is not like one who is observing a naafil fast, because in
that case he is in charge of the matter; if he wishes he may break his fast
and if he wishes he may continue it.

It was narrated that Umm Hani’ (may Allaah be pleased with
her) said: “O Messenger of Allaah, I broke my fast when I was fasting.” He
said to her: “Were you making up anything?” She said: No.” He said: “Then it
does not matter if you were observing a voluntary fast.” Narrated by Abu
Dawood, 2456. Classed as saheeh by al-Albaani. This indicates that it would
matter if she broke her fast when observing an obligatory fast. What is
meant by “it would matter” here is that it would be a sin.

With regard to what happened between you, the expiation for
intercourse is only required in the case of intercourse during the day in
Ramadaan itself. Based on this you do not have to do anything, and all she
is required to do is to make that day up again. And you (both) have to
repent to Allaah and resolve not to do such a thing again.

Ibn Rushd said: The
majority are agreed that no expiation is required for deliberately breaking
a fast observed to make up a missed Ramadaan fast, because it does not come
under the same category with regard to sanctity of time, i.e., Ramadaan.

Bidaayat al-Mujtahid, 2/80

It says in
Fataawa al-Lajnah al-Daa’imah, 10/352: Expiation is only required of one who has intercourse during the day in Ramadaan because of the sanctity of that time. With regard to a fast observed to make up for a missed fast, no expiation is required, according to the more sound of the two scholarly opinions.